United States v. John Jett
Opinion
John Jett pleaded guilty to being a felon in possession of a firearm in violation of 18 U.S.C. §§ 922(g)(1) and 924(e). The district court 1 concluded that he was an armed career criminal, see 18 U.S.C. § 924(e)(1), and sentenced him to 188 months in prison, the bottom of the Sentencing Guidelines range. On appeal, Jett’s counsel has filed a brief under Anders v. California, 386 U.S. 738, 87 S.Ct. 1396, 18 L.Ed.2d 493 (1967), and has moved to withdraw. Jett has filed a pro se supplemental brief. After careful review, we affirm.
In the Anders brief, counsel argues that Jett’s eleven Missouri burglary convictions for first- and second-degree burglary were not “violent felonies” for purposes of armed-career-criminal status, and Jett argues the same. These convictions qualify as violent felonies, however, as both the statute itself and our precedent make clear. See 18 U.S.C. § 924(e)(2)(B); United States v. Bell, 445 F.3d 1086, 1090-91 (8th Cir. 2006). Further, after reviewing the record independently under Benson v. Ohio, 488 U.S. 75, 109 S.Ct. 346, 102 L.Ed.2d 300 (1988), we have found no non-frivolous issues for appeal. Accordingly, we affirm the district court’s judgment, and we grant counsel’s motion to withdraw, subject to counsel informing Jett about procedures for seeking rehearing or filing a petition for certiorari.
. The HONORABLE RICHARD E. DORR, United States District Judge for the Western District of Missouri.
Reference
- Full Case Name
- UNITED STATES of America, Appellee, v. John J. JETT, Appellant
- Status
- Unpublished